Terms of service
1. Terms and conditions for using our website
1. The terms and conditions set out below are to be applied to the use of this website. By using this website, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use this website.
2. In these terms and conditions, the expressions “we”, “us” and “our” are a reference to ‘The Mumsie’.
2. Terms of sale
1. By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
2. We will communicate acceptance of your offer after we receive confirmation of your payment being processed. We will send you an acknowledgement e-mail confirming acceptance of your order.
3. Pricing
1. All prices stated on the website are in Australian Dollars (AUD).
2. If you are purchasing from overseas, we will bill any credit card in Australian dollars and your card company will convert the charges for you.
4. Buying online
1. To make a purchase from our website, you must be 18 years of age or over, or have obtained the consent of your parent or guardian if you are under 18 years of age.
2. All purchases must be for personal use only. For wholesale enquiries please contact janneke@themumsie.com for further information.
3. Please note, all purchases on sale items are final. We do not accept returns or exchanges of any kind, on sale items under any circumstances.
4. Please note, a discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts. Only one discount or coupon code can be used per order.
5. Electronic transaction
1. Pursuant to the Electronic Transactions (Queensland) Act 2001 (Qld), the parties consent to this Contract being provided to each other by electronic communication.
6. Shipping policy
1. If shipping is within Australia, it will be via Australia Post. Please note, we have a processing time of 1-3 business days for all orders. If you have placed your order during a sale period, this timing may be exceeded. Please trust that we always do our best to get your orders out to you as soon as possible.
2. We cannot guarantee delivery times, however, you should receive your delivery within 1-4 working days. This timing may be exceeded during peak or sale times. Timing may also depend on your own arrangements for mail delivery times with Australia Post. We thank-you for your patience.
3. We ship worldwide and to all international destinations. International delivery times vary between 3 – 21 days depending on your location.
4. Orders to countries such as the United States, New Zealand and United Kingdom take approximately 3-10 business days. If you would like a shipping time estimate for your purchase, and you are outside of the regular destination countries, please contact us and we will give you a more precise shipping estimate for your destination country. Please note, delivery times do vary from country to country.
5. International orders have varied rates of shipping depending on your country/region, please see at checkout for an estimate (click ‘Calculate Shipping’ option). If you have not received your ordered items within this timeframe, please email us (janneke@themumsie.com) your full name and order number and we will investigate on your behalf. The Mumsie is not responsible for any delays caused by customs. Sometimes the shipping time exceeds the estimate due to factors outside of our control.
6. You agree that you are responsible for any duty, taxes, and custom requirements or other like taxes, fees, levies, costs or expenses associated with importing products you purchase from us and shipping them internationally.
7. Delivery
1. We will use reasonable efforts to deliver your order as soon as commercially practicable. The delivery of your order to the carrier is deemed to be a delivery of the products to you.
8. Risk
1. The products covered by each contract (i.e. accepted order) are at your risk upon delivery of the order to the carrier.
9. Title transfer
1. Unless otherwise provided in a contract with you, ownership of the products you purchase covered by the contract shall vest in, or be transferred to you at the time your order and payment is submitted on our website and we communicate acceptance.
10. Payment information
1. We accept Credit Card and PayPal.
2. 10.2 We also provide a direct deposit option for our Australian customers.
11. Purchase price includes GST
1. All prices on the website include GST. All Australian domestic customers and deliveries sent to Australian delivery addresses will be subject to Australian GST as that term is defined under the GST Act.
2. The current rate of Australian GST is 10%.
3. When the goods are exported (i.e. sent to a delivery address outside Australia) then the GST component of the price will be removed and the export price will be exclusive of GST.
12. Privacy policy
1. Your interactions with us are subject to our Privacy Policy. The Mumsie is committed to protecting your personal privacy. By using our website, you are agreeing to accept the terms of our current Privacy Policy as described therein. If you do not agree with any part of this policy, you may not use our website. Please also note that we may use cookies in delivering the website to you. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computer and stored on your computer’s hard drive.
13. Personal information
1. Anyone that makes a purchase or registers to be on our database will need to enter their personal information such as their name, email address and date of birth. This information will be stored and may be used by The Mumsie to send you information about relevant products, latest developments and forthcoming events.
2. This information will never be sold, rented or given to another party. Please refer to our privacy policy for more information.
14. Security of information
1. We take reasonable precautions to keep your personal information secure. Access to your personal information is permitted among the directors, officers, consultants and other employees only on a need to know basis. If the personal information that we have about you is no longer needed for the purposes stated in our privacy policy, we will take reasonable steps to destroy or permanently remove your personal information.
15. Cookies
1. Cookies are used to collect data relating to your general internet usage and customise your experience on our website. This data includes IP addresses, browser versions, number of visits and other data relating to your navigation of the internet and our site. Cookies do not collect sensitive information like financial information or passwords. We hold personal information in our own secure databases and to some extent for marketing purposes in the databases of third parties engaged by us (subject to obligations regarding privacy and confidentiality) to conduct electronic direct marketing subject to all legislative requirements. User ID tracking for AdWords is also setup which allows better understanding of repeat customers.
You can refuse to accept cookies by activating settings on your internet browser however this can affect your overall browsing experience.
16. Disclaimer
1. This website and its content are provided ‘as is’ and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the website is for general information purposes only.
2. We do not represent or warrant that the information and/or facilities contained in the website are: (a) accurate, complete or current, or (b) that the website will be uninterrupted or error free, or (c) that any defects in the website will be corrected or (d) that the website or the server that makes the website available are free of viruses or any other harmful components.
3. Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
4. We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.
5. This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from our website, you do so at your own risk.
6. You waive all rights to bring or assert any claim against us, our agents, employees, or any related party, and hereby permanently and irrevocably release us from any and all liability for or relating to the use of our website.
17. Limitation of liability
1. Your use of our website is at your own risk.
2. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. The limit of our liability will be the amount paid out by our insurers under any appropriate insurance policy we hold. In any event, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including but not limited to losses or damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages.
18. Your obligations
1. You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
2. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
3. You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.
4. You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.
19. Intellectual property
1. All intellectual property, including, copyright, trademarks and designs featured or displayed on the website are owned by us. Except as may be otherwise indicated in specific areas within the website, you are authorised to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.
2. The Mumsie is a registered trademark owned by WW Productions Pty Ltd and must not be used or reproduced without our prior written consent.
20. Restricted use
1. Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information, materials, content, audio and photographs obtained from this website.
21. Variation of Terms
1. We reserve the right to amend or vary the Terms and Conditions or our Privacy Policy from time to time without giving any reasons. We encourage you to read this Terms and Conditions frequently to stay informed.
22. Jurisdiction
1. These terms and conditions are governed by the laws in force in Queensland and the Commonwealth of Australia.
23. Complaints
1. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have any complaints or comments regarding The Mumsie or this website, please contact janneke@themumsie.com.
24. Company Information WW PRODUCTIONS PTY LTD ACN 168 749 264 trading as The Mumsie. The Mumsie is able to provide fashion accessory design consulting services for businesses operating in the fashion industry. As an example, we are able to custom designed specific garments for wholesale, to be sold in our customer’s stores under our brand. If you would like to know more about the design services we can provide or would like us to design a specific product for wholesale, please don’t hesitate to get in touch with our team.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
the mumsie (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at care@themumsie.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Noosa Heads, Queensland before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which the mumsie’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
